Peer-to-peer network with paid uploaders

ABSTRACT

A peer-to-peer network in which a respective uploaders is paid for uploading content in accordance with a request for the content by a respective downloader. More specifically, the respective uploader is paid an amount determined in accordance with quality of service factors committed to in advance of the uploading by the respective uploader, quality of service factors actually provided to the respective downloader by the respective uploader or a quality of service requested by the respective downloader. A central system reconciles payment from the respective uploader, to a respective downloader and to a content rights holder.

BACKGROUND OF THE INVENTION

Peer-to-peer (or P2P) networks are used to distribute files, such asaudio, video or data files. A peer-to-peer networks primarily relies onthe computer power and bandwidth of the participants (or “peers”) in thenetwork, rather than concentrating power and bandwidth in a relativelylow number of servers. For example, BIT TORRENT is a company thatprovides peer-to-peer network enabling technologies.

Content rights holders need a way to distribute their content.Therefore, some content rights holders are interested in the use of apeer-to-peer network for this purpose.

However, content rights holders are concerned about controlling theircontent in a world where perfect digital copies can be made easily andthen transmitted around the world for free in seconds. Content rightsholders fear that if consumers are given access to the content, piracywill flourish and market share of the content rights holders will beundermined. Therefore, content rights holders are concerned about theircontent being available in digital form. They may be especiallyconcerned when the content is available on a peer-to-peer network wheredigital copies are easily made and distributed by peers without controlby, or compensation to, the content rights holders.

Therefore, to encourage distribution of content on peer-to-peernetworks, the interests of content rights holders and peers should bemore closely aligned. One way to do this is to require peers thatdownload content to pay for it, and to also compensate peers foruploading content. With this approach, uploading peers will have aneconomic disincentive for distributing content for free against thewishes of the content rights holders. Downloading peers will have aneconomic incentive to becoming an uploading peer that gets compensatedto distribute the content that they previously downloaded.

PeerImpact.com is a peer-to-peer network with compensates uploadingpeers and requires downloading peers to pay for downloading content.

However, there is a need for further refinement of peer-to-peer networksto further align the interests of the content rights holders and thepeers, and to operate the networks more efficiently.

SUMMARY OF THE INVENTION

Various embodiments of the present invention provide, for example, amethod for use with a peer-to-peer network connecting uploaders ofcontent to downloaders of content, the method including paying arespective uploader for content uploaded by the respective uploader inaccordance with a request for the content by a respective downloader.The respective uploader is paid an amount determined in accordance withquality of service factors committed to in advance of the uploading bythe respective uploader, quality of service factors actually provided tothe respective downloader by the respective uploader or a quality ofservice requested by the respective downloader.

Various embodiments of the present invention also provide, for example,a method for use with a peer-to-peer network connecting uploaders ofcontent to downloaders of content, the method including: (a) requestingcontent by a respective downloader; (b) uploading content by arespective uploader in accordance with the request by the respectivedownloader; (c) downloading the uploaded content by the respectivedownloader; (d) communicating between a central system and therespective uploader to provide the central system with information fromthe respective uploader relating to the uploading by the respectiveuploader; (e) communicating between the central system and therespective downloader to provide the central system with informationfrom the respective downloader relating to the downloading by therespective downloader; and (f) automatically reconciling, by the centralsystem, payment to the respective uploader for the uploaded content,payment by the respective downloader for the downloaded content andpayment to a content rights holder for the content uploaded by therespective uploader and downloaded by the respective downloader, inaccordance with the information provided to the central system from therespective uploader and the information provided to the central systemfrom the respective downloader, and thereby ensuring that the paymentsare consistent with the actual uploading by the respective uploader andthe actual downloading by the respective downloader. The payment to therespective uploader is determined, for example, in accordance withavailability of the uploaded content on the network in addition toquality of service factors committed to in advance of the uploading bythe respective uploader, quality of service factors actually provided tothe respective downloader by the respective uploader or a quality ofservice requested by the respective downloader. Moreover, theavailability of the uploaded content is based, for example, on a numberof copies of the uploaded content available on the network at a giventime and quality of service factors committed by the uploaders.

Moreover, various embodiments of the present invention provide, forexample, a method for use with a peer-to-peer network connectinguploaders of content to downloaders of content, the method includingrequiring a respective downloader to pay for content downloaded by therespective downloader and provided by a respective uploader inaccordance with a request for the content by the respective downloader.The respective downloader is required to pay an amount determined inaccordance with availability of the downloaded content on the networkand a quality of service requested by respective downloader in advanceof the downloading. The availability of the downloaded content is based,for example, on a number of copies of the downloaded content availableon the network at a given time and quality of service factors committedby the uploaders.

Further, various embodiments of the present invention provide, forexample, a method for use with a peer-to-peer network connectinguploaders of content with downloaders of content, the method including(a) obtaining commitments for quality of service factors from theuploaders; and (b) communicating, by a central system, with a respectivedownloader and a respective uploader in accordance with a request by therespective downloader for content, to allow the respective uploader toupload content and the respective downloader to download content inaccordance with the obtained commitments to satisfy the request.

In addition, embodiments of the present invention provide, for example,a method for use with a peer-to-peer network connecting uploaders ofcontent with downloaders of content, the method including (a) obtainingcommitments for quality of service factors from the uploaders; (b)communicating, by a central system, with a respective downloader and arespective uploader in accordance with a request by the respectivedownloader for streaming content at a quality of service selected by therespective downloader, to allow the respective uploader to uploadcontent and the respective downloader to download content in accordancewith the obtained commitments to satisfy the request; (c) communicatingbetween a central system and the respective uploader to provide thecentral system with information from the respective uploader relating tothe uploading by the respective uploader; (d) communicating between thecentral system and the respective downloader to provide the centralsystem with information from the respective downloader relating to thedownloading by the respective downloader; and (e) reconciling, by thecentral system, payment to the respective uploader for the uploadedcontent, payment by the respective downloader for the downloaded contentand payment to a content rights holder for the content uploaded by therespective uploader and downloaded by the respective downloader, inaccordance with the information provided to the central system from therespective uploader and the information provided to the central systemfrom the respective downloader, and thereby ensuring that the paymentsare consistent with the actual uploading by the respective uploader andthe actual downloading by the respective downloader.

Further, embodiments of the present invention provide, for example, amethod for use with a peer-to-peer network connecting uploaders ofcontent to downloaders of content, the method comprising preseedinguploaders with content.

The above description is not intended to be applicable to everyembodiment of the present invention. Instead, the above description isintended as example embodiments.

BRIEF DESCRIPTION OF THE DRAWINGS

Reference will now be made in detail to embodiments of the presentinvention, examples of which are illustrated in the accompanyingdrawings.

FIG. 1 is a diagram illustrating a process for paying uploaders in apeer-to-peer network, according to an embodiment of the presentinvention.

FIG. 2 is a diagram illustrating a process for paying uploaders in apeer-to-peer network, according to an additional embodiment of thepresent invention.

FIG. 3 is a diagram illustrating a process for reconciling payments in apeer-to-peer network, according to an embodiment of the presentinvention.

FIG. 4 is a diagram illustrating a process for reconciling payments in apeer-to-peer network, according to an embodiment of the presentinvention.

FIG. 5 is a diagram illustrating a more detailed process for reconcilingpayments in a peer-to-peer network, according to an additionalembodiment of the present invention.

FIG. 6 is a diagram illustrating a process for requiring a downloader topay for a download, according to an embodiment of the present invention.

FIG. 7 is a diagram illustrating a process in which commitments forquality of service factors are obtained from uploaders in a peer-to-peernetwork, according to an embodiment of the present invention.

FIG. 8 is a diagram illustrating a process of in which commitments forquality of service factors are obtained from uploaders, and differentoffers are made to downloaders, in a peer-to-peer network, according toan additional embodiment of the present invention.

FIG. 9 is a diagram illustrating preseeding in a peer-to-peer network,according to an embodiment of the present invention.

FIG. 10 is a diagram illustrating the reconciliation of payments by acentral system in a peer-to-peer network, according to an embodiment ofthe present invention.

FIG. 11 is a diagram illustrating a process for providing streamingvideo content via a peer-to-peer network, according to an embodiment ofthe present invention.

FIG. 12 is a specific example of the operation of a peer-to-peernetwork, according to an embodiment of the present invention.

FIG. 13 is another specific example of the operation of a peer-to-peernetwork, according to an embodiment of the present invention.

FIG. 14 is another specific example of the operation of a peer-to-peernetwork, according to an embodiment of the present invention.

DETAILED DESCRIPTION OF THE PREFERRED EMBODIMENTS

FIG. 1 is a diagram illustrating a process for paying uploaders in apeer-to-peer network, according to an embodiment of the presentinvention. Referring now to FIG. 1, in operation 30, uploaders ofcontent are connected to downloaders of content with a peer-to-peernetwork. Here, “uploaders” are end users, or “peers”, of thepeer-to-peer network who transmit the content, and “downloaders” areend-users, or “peers”, of the peer-to-peer network who receives thecontent. The concepts of “uploaders”, “downloaders” and “peers” in apeer-to-peer network are known.

Moreover, in various embodiments of the present invention describedherein, a respective uploader is described as uploading contentrequested by a respective downloader. Depending on the requestedcontent, one or more uploaders might be used to satisfy the request. Forexample, a request for a large file (such as, for example, a video file)might be satisfied by a plurality of uploaders uploading segments orportions that together satisfy the request. Therefore, although arespective uploader may be described herein as satisfying a request, itshould be understood that various embodiments of the present inventionas described herein are applicable to situations in which a plurality ofuploaders upload content to satisfy a request for content by adownloader.

Referring again to FIG. 1, from operation 30, the process moves tooperation 32, where a respective uploader is paid for content uploadedby the respective uploader in accordance with a request for the contentby a respective downloader. For example, the respective uploader is paidan amount determined in accordance with quality of service factorscommitted to in advance of the uploading by the respective uploader. Or,the respective uploader is paid in accordance with quality of servicefactors actually provided to the respective downloader by the respectiveuploader. Alternatively, the respective uploader is paid in accordancewith a quality of service requested by the respective downloader.

As previously indicated, the downloaded content may be provided to therespective downloader by a plurality of uploaders. For example,different uploaders might upload different portions or segments of thecontent. The respective downloader downloads these different portions orsegments, and thereby obtains the entire content. The above-describedways of paying uploaders applies to situations in which a singleuploader uploads content to satisfy a request by a downloader, or tosituations in which a plurality of uploaders upload portions or segmentsof the content to satisfy the request.

Moreover, when a plurality of uploaders provide content to satisfy arequest, the payments to the respective uploaders might take intoconsideration an aggregate quality of service actually received by therespective downloader. For example, a respective uploader might be paidin accordance with quality of service factors actually provided to therespective downloader by the respective uploader, taking intoconsideration the aggregate quality of service actually received by therespective downloader. As an example, a respective uploader might bepaid a higher amount for provide specific quality of service factors ifthe aggregate quality of service actually provided to the respectivedownloader is high, as compared to if the aggregate quality of serviceactually provided to the respective downloader is low. There are manyother ways to take into consider the aggregate quality of service, andthe present invention is not limited to any particular way.

Here, quality of service factors are factors which affect the quality ofservice provided by an uploader or received by a downloader. Quality ofservice factors include, for example, the amount of bandwidth providedby the uploader, the amount of time that bandwidth is provided by theuploader, the day that bandwidth is provided by the uploader, the timeof day that bandwidth is provided by the uploader, the amount ofguaranteed uptime by the uploader, etc. These are only examples ofquality of service factors. The present invention is not limited tothese examples.

Therefore, as indicated above, the respective uploader might be paid anamount determined in accordance with quality of service factorscommitted to in advance of the uploading by the respective uploader. Asan example, the respective uploader might have guaranteed to provide aspecific amount of bandwidth at a specific time on a specific day. Therespective uploader might, for example, be compensated a higher amountif the specific day is a day at which downloads are expected to behigher than normal. The present invention is not limited to any specificalgorithm for determining compensation based on the committed quality ofservice factors. Many different algorithms can be used.

Moreover, as indicated above, the respective uploader might be paid inaccordance with quality of service factors actually provided to therespective downloader by the respective uploader. The quality of servicefactors actually provided might be different from those guaranteed inadvance. For example, an uploader may actually provide less bandwidththan originally guaranteed. In this case, the payment to the uploaderwould reflect the quality of service factors that were actuallyprovided. In some embodiments, the uploader may be penalized if thequality of service factors actually provided were less than committed.Such penalty might include, for example, a reduction in payment foruploaded content or reductions in future payments for future uploads.Therefore, the uploader is being paid in accordance with the extent towhich commitments for quality of service factors were actually honored.

In addition, as indicated above, the respective uploader might be paidin accordance with a quality of service requested by the respectivedownloader. For example, a downloader might be offered the option ofseveral different bandwidths or times of day for downloading. Theuploader might be paid an amount determined in accordance with an optionselected by the downloader.

In addition, as indicated in operation 32, a respective uploader mightalso be paid in accordance with other payment factors. Such otherpayment factors might include, but are not limited to, for example, amembership level or other marketing promotion, the geography of theuploader and/or downloader, bandwidth availability for content otherthan the specific content requested by the respective downloader, age ofthe requested content, the type of device on which the uploader and/ordownloader is operating (for example, whether the downloader isoperating on a PDA or a PC), etc. There are many other payment factorsthat can be used, and the present invention is not limited to anyspecific payment factors. Moreover, the use of such payment factors canbe used with other embodiments of the present invention describedherein.

Therefore, generally, according to various embodiments of the presentinvention, the uploader is paid in accordance with factors other thanthose based solely on what content was uploaded by the uploader or whatcontent was downloaded by the downloader.

Therefore, as more specific examples, uploaders can be paid based on avariety of criterion including, but not limited to: (1) the bandwidthwith which they upload, (2) the time of day or week or month or year inwhich their upload(s) take place, (3) the amount of data which theyupload, (4) quality of service factors which they are willing to commit,and the extend to which that commitment is honored, (5) the amount thatthe downloader is paying for the content, and (6) any combination ofthese factors.

As an example, if a respective uploader is willing to commit to make asegment of a movie available on short notice at high bandwidth duringprime time and delivers on this commitment, then that uploader might becompensated more than another uploader who provides just as much databut at a lower bandwidth or at a later time, or even at the samebandwidth and time, but having been unwilling to commit to doing so.

In some embodiments of the present invention, if a respective uploaderfails to meet a commitment, then penalties could be exacted. The failedcommitment might be based on service spread across some time period orsome number of uploads, segments or bits. Therefore, as previouslyindicated, the uploader might be paid in accordance with the extent towhich commitments for quality of service factors were actually honored.

Uploaders might be paid (that is, compensated), for example, in the formof actual monies, or in the form of credits that can be used foradditional content or other exchanges (in a manner similar to frequentflier miles). There are many different types of consideration that canbe used to pay the uploader, and the present invention is not limited toany specific type of consideration. More specifically, the uploader isnot limited to being paid in money. Moreover, uploaders can be paid in adifferent form than that paid by downloaders. For example, downloadersmay be required to pay in money, whereas uploaders may be paid incredits.

FIG. 2 is a diagram illustrating a process for paying uploaders in apeer-to-peer network, according to an additional embodiment of thepresent invention. Referring now to FIG. 2, in operation 34, the paymentto the respective uploader is determined in accordance with availabilityof the uploaded content on the network in addition to quality of servicefactors committed to in advance of the uploading by the respectiveuploader, quality of service factors actually provided to the respectivedownloader by the respective uploader or a quality of service requestedby the respective downloader. Moreover, as with other embodiments of thepresent invention described herein, the uploader can be also paid inaccordance with other payment factors as described with reference tooperation 32 in FIG. 1.

The availability of the uploaded content is based, for example, on anumber of copies of the uploaded content available on the network at agiven time. The availability of the uploaded content might also be basedon quality of service factors committed by the uploaders. For example,availability might be based on the number of copies available during aspecific time period on a specific day, taking into consideration theamount of bandwidth committed by the uploaders during that specific timeperiod on that specific day. However, there are other ways to determinethe availability of the uploaded content, and the present invention isnot limited to any particular way.

Therefore, according to embodiments of the present invention, supply anddemand on the network can be effectively managed, and behavior of theuploaders and downloaders can be effectively managed, by managing thecompensation paid to the uploaders and setting the required payments fordownloads by the downloaders. Embodiments of the present invention asdescribed herein are much more effective in such management as comparedto simply paying a fixed amount to uploaders for uploading content andsetting a fixed amount that downloaders are required to pay fordownloading content.

In a peer-to-peer network in which uploaders are paid for uploadingcontent, it is important to accurately reconcile payments fromdownloaders, payments to uploaders, and payments to content rightsholders.

For example, FIG. 3 is a diagram illustrating a process for reconcilingpayments in a peer-to-peer network, according to an embodiment of thepresent invention. The process in FIG. 3 is similar to the process inFIG. 1, but includes operation 36 of reconciling, by a central system,payment to the respective uploader for the uploaded content, payment byrespective downloader for the downloaded content, and payment to acontent rights holder for the content uploaded by the respectiveuploader and downloaded by the respective downloader. Operation 36ensures that the payments are consistent with the actual uploading bythe respective uploader and the actual downloading by the respectivedownloader. More specifically, operation 36 ensures that payments areconsistent with the actual transaction that occurred.

For example, when uploaders A, B and C have uploaded content that isdownloaded by a downloader D, each uploaderA, B and C will send thecentral system information about, for example, what content was uploadedby the respective uploader, when the content was uploaded by therespective uploader, at what bandwidth the content uploaded by therespective uploader, and what was the distribution over time of thecontent uploaded by the respective uploader. Uploaders A, B and C maysend a subset of this information, or some portion of this informationwith additional information. Of course, these are only examples ofinformation sent to the central system, and embodiments of the presentinvention are not limited in any way to this particular information.

Downloader D will also send analogous information to the central system.The central system will then compare the information from the uploadersA, B and C, and from the downloader D, and then allocate paymentsaccordingly. Although information relating to commitments for quality ofservice factors may be shared between uploaders A, B and C and thedownloader D, in some embodiments such information will only beexchanged between the central system and the uploaders.

In addition, in various embodiments of the present invention, thecentral system might receive payment for services provided by thecentral system.

For example, FIG. 4 is a diagram illustrating a process for reconcilingpayments in a peer-to-peer network, according to an embodiment of thepresent invention. The process in FIG. 4 is similar to the process inFIG. 3, but includes, in operation 38, reconciling, by a central system,payment to the central system. This payment may come from thedownloaders, from the uploaders and/or from the content providers. As anexample, the central system might receive a small percentage of theamounts paid by downloaders. However, the present invention is notlimited to this example, and there are many ways to compensate thecentral system.

In various embodiments of the present invention, the central system can,for example, track many factors and vary both the amount that uploadersare paid, the amount that downloaders are required to pay, and evenpotentially the amount that content rights holders are paid. Thesefactors, which can be used in any combination, might include but are notlimited to:

(1) The resolution (that is, “technical quality”) of the content. Forexample, a downloader may be required to pay more for higher resolutioncontent. Payments to the uploader and the content rights holder might beadjusted accordingly.

(2) The time of day, week, month or year in which the uploading by theuploader and the downloading by the downloader takes place. This is mostapplicable to streaming video-on-demand (VOD). In this case, thedownloader might be required, for example, to pay more to watch a moviestreamed in “prime time” than at some other time. Payments to theuploader and the content rights holder might be adjusted accordingly.

(3) The supply/demand ratio of the content. For example, a downloadermight be required to pay more for content that is in high demand, andless for content that is in low demand. Payments to the uploader and thecontent rights holder might be adjusted accordingly.

(4) The supply/demand ratio of bandwidth in the network at the time adownload request is made or the content is delivered. For example, ifthe supply of bandwidth is low, the uploader might be paid higher foruploading content as compared to when the supply of bandwidth is high.Payments required by the downloader and the content rights holder mightbe adjusted accordingly.

(5). The overall level of demand, independently of the supply. Forexample, when demand for content is high, a downloader might be requiredto pay more as compared to when the demand for that content is low.Payments to the uploader and the content rights holder might be adjustedaccordingly.

(6) The age of the content. The age might be computed since, forexample, its initial release. For example, a downloader might berequired to pay less for older content. Payments to the uploader and thecontent rights holder might be adjusted accordingly.

(7) The individual uploader and/or downloader, or their demographic orgeographic type. Payments to/from other parties might be adjustedaccordingly.

(8) The fraction and portion of the content desired. For example,downloaders may only want specific segments of a movie. Thesedownloaders might be required to pay less for downloading only aspecific segments as opposed to the entire content file. Payments to theuploader and the content rights holder might be adjusted accordingly.

(9) The device onto which the content is being loaded. For example, adownloader might be required to pay different amounts based on whetherthe content is downloaded to a TV or a handheld personal digitalassistant (PDA). Payments to the uploader and the content rights holdermight be adjusted accordingly. Of course, embodiments of the presentinvention are not limited to any particular device.

(10) The format of the data. For example, a downloader might be requiredto pay different amounts, and an uploader might be compensated differentamounts, for data in .wmv format verses .rm format. Payments to thecontent rights holder might be adjusted accordingly. Of course,embodiments of the present invention are not limited to any particularformat.

(11) Whether additional components of the content data stream areprovided, such as, but not limited to, (a) subtitles, (b) 5.1 soundversus simple stereo, (c) special features such as interviews, “makingof” documentaries, etc., (d) content in editable format. Payments toeach of the parties might be adjusted accordingly.

(12) Usage and re-usage rights. Payments to each of the parties might beadjusted accordingly.

Of course, embodiments of the present invention are not limited to theabove-described factors or examples. Moreover, each transaction for anupload and corresponding download would typically involve an uploader, adownloader, a content rights holders and the central system. Theabove-described factors could be applied to determine payments to/fromeach of these parties. For example, as indicated above, a downloadermight be required to pay more for content that is in high demand, andless for content that is in low demand. Conversely, the uploader mightbe paid more to upload content that is in high demand, and less forcontent that is in low demand. Similarly, the content rights holdermight be paid more for content that is in high demand, and less forcontent that is in low demand. A percentage paid to the central systemmight be higher for content that is in high demand, and less for contentthat is in low demand. These types of incentives can help balance supplyand demand on the network.

Algorithms could easily be developed based on the above-describedfactors to determine payments from the downloaders, payments to theuploaders, payments to the content rights holders, and payments to thecentral system. As a simple example of an algorithm, a downloader mightbe required to pay $5 to download a movie on a Sunday, but only $4 todownload the same movie on a Monday. Of the paid amount, 90% might go tothe content rights holder, 8% might go to a single uploader thatuploaded the entire movie or be shared among all uploaders thatparticipated in uploading the move, and 2% might go to the centralsystem. Of course, this is only one example of an algorithm, and thepresent invention is not intended to be limited in any way by thisexample.

For example, there are various different ways in which payment to thecontent rights holders can be determined to encourage certain economicactivity.

The following are possible examples for use in formulating algorithmswhich may be beneficial from the point of view of content rightsholders:

(1) The content rights holders receive a fixed payment for each downloadof content.

(2) Implement an ASCAP model where the popularity/significance of a workwould automatically credit the content rights holder withhigher/different rates of payment.

(3) Implement models that leverage the central control of the centralsystem, to determine the amount of payment required by a downloader andfrom which the content rights holder receives payment. For example, thedownloader might be required to pay more during peak hours (e.g., primetime), more for ad free content, more for different resolutions, etc.

(4) Implement profit sharing for sampling. For example, end users(“peers”) could generate a collage of content or generate originalcontent using pieces of existing content combined with original content(sampling). Instead of having to pay onerous licensing fees, the endusers could take advantage of a licensing system in which their revenueswould be automatically shared with the originator of the contentsegments. For example, if someone used a clip from a specific movie intheir work, then $0.02 of every $1 they receive in revenue might go tothe owner of the intellectual property rights of the movie.

The following are possible examples for use in formulating algorithmswhich may be beneficial from the point of view of uploaders:

(1) Share content and make money or made credits (analogous to frequentflier miles) to be applied to additional content acquisition. Thesecredits can generate an entire secondary market.

(2) Some content holders have a strong agenda and are more concernedabout getting their content widely distributed than they are aboutgenerating revenue. Such a content holder may be willing to payuploaders a greater portion of the downloaders payment in order to getcontent on many machines for efficient and rapid downloading. This willhave a different set of performance and economic characteristics thanmerely reducing the price of a download. A related strategy would be tohave a low price for the first N downloads where N is an integer largerenough to “seed” the community of uploaders. Finally, the price may be afunction of the number of previous downloads and other factors (such asthe date, demand fluctuation, etc.) so that some optimization of revenuecan be realized.

(3) Uploaders may want to scour the Internet with “bots” to find thebest return on investment (ROI) for content. An uploader can thendetermine what content is likely to make the uploader the most money ifthe uploader provides it, independent of the uploader's personalinterest in that content, or weighed against the uploaders interest inthat content. This will help dynamically balance out the supply with thedemand. The next level in this reasoning is to have the uploader's botpresent the uploader with several things that the uploader coulddownloader and decide which the uploader would be most interested inviewing and then hosting.

The following are possible examples for use in formulating algorithmswhich may be beneficial from the point of view of central system:

(1) The central system might receive small license fees from the contentrights holders. The central system might prefer to become as small andtransparent as possible. The central system might be seen as beingsimilar to an ASCAP or a BMI that pays for operating costs.

(2) The central system might get paid to provide some kind of adinsertion in, before, or after content.

(3) The central system might receive a small cut of the proceeds paid bythe downloaders. The central system might charge content rights holdersfor participation and/or charge end users (“peers”, such as uploadersand/or downloaders) for participation. This might involve taking somesmall portion of the payments to the uploaders (that is, the uploaders'distribution fees).

(4) The central system might leverage the network's distributioncapacity for grid computing applications that is then sold/rented.

(5) The central system might use search and retrieval services as arevenue generator, similar to GOOGLE or YAHOO.

(6) The central system might place ads in program guides. Basically thisamounts to providing meta-data and stuffing it with advertisements.

(7) The central system might charge extra if it provides enoughconnections to stream instead of just downloading, or if it simplysupports downloading at certain speeds.

(8) The central system might implement ad targeting based upon userbehavior.

(9) The central system might charge for placement of content onto harddrives so that distribution can be expedited. The central system can,for example, place pieces of content on end-user drives without end-userinvolvement. This can be done as a background task so as not tointerfere with the end-users' experience. This placement will helpensure that there are enough copies available for fast downloading oreven streaming when the content is made publicly available. A fee couldbe legitimately charged (of the content rights holders) for thisdistribution service.

In some embodiments of the present invention, only the uploaders or onlythe downloader need to communicate with the central system, to therebyreduce the number of communications with the central system. The otherparty(s) information would typically be encrypted in such a way that thecentral system could decrypt it. For example, the encrypted informationwould be passed from the party that does not communicate with thecentral system to the party (or possibly more than one other party) thatcommunicates with the central system, to be relayed to the centralsystem. While encryption may be desirable, it is not necessary forinformation to be encrypted.

Accordingly, uploaders and downloaders have their provision andconsumption corroborated by the other party. This corroboration is partof the reconciliation process that then plays out in the compensationprocess.

For example, FIG. 5 is a diagram illustrating a more detailed processfor reconciling payments in a peer-to-peer network, according to anadditional embodiment of the present invention.

Referring now to FIG. 5, in operation 40, communication is performedbetween a central system and a respective uploader to provide thecentral system with information from the respective uploader relating tothe uploading by the respective uploader. Such information mightinclude, for example, what specific content was uploaded, what day thecontent was uploaded, what time of the day the content was uploaded,what amount of bandwidth was provided for the upload by the uploader,etc. However, these are only examples of what information might beprovided to the central system from the uploader, and the presentinvention is not limited to any particular type of information.

From operation 40, the process moves to operation 42, wherecommunication is performed between the central system and the respectivedownloader to provide the central system with information from therespective downloader relating to the downloading by the respectivedownloader. Such information might include, for example, what specificcontent was downloaded, what day the content was downloaded, what timeof the day the content was downloaded, what amount of bandwidth was usedby the downloader for the download, etc. However, these are onlyexamples of what information might be provided to the central systemfrom the downloader, and the present invention is not limited to anyparticular type of information.

Although operation 42 is shown after operation 42, the order of theseoperations may be reversed, or the operations may be performedsimultaneously.

From operation 42, the process moves to operation 44, where the centralsystem reconciles payment to the respective uploader for the uploadedcontent, payment by the respective downloader for the downloaded contentand payment to a content rights holder for the content uploaded by therespective uploader and downloaded by the respective downloader. Thereconciliation is performed in accordance with the information providedto the central system from the respective uploader and the informationprovided to the central system from the respective downloader. Suchpayments would typically be made electronically by the central system.However, the present invention is not limited to electronic payment fromor into accounts of the respective uploader, the respective downloaderand the content rights holder. Moreover, the present invention is notlimited to electronic payment into separate accounts. Instead, there aremany ways to make payments, and the present invention is not limited toany particular way.

Therefore, in operation 44, the central system ensures that the paymentsare consistent with the actual uploading by the respective uploader andthe actual downloading by the respective downloader by checking theinformation provided to the central system from the uploader inoperation 40 and from the downloader in operation 42.

As an example, the information provided to the central system by therespective uploader might indicate that 10 Mb of data was uploaded onAug. 1, 2006, at approximately 10:00 pm. The central system can thencheck to determine whether the information provided to the centralsystem from the respective downloader is consistent with that providedby the respective uploader If the information is consistent, the centralsystem can then make or authorize the appropriate payments.

Reconciliation would typically be performed automatically by the centralsystem. Throughout this application, “automatically” indicates that aprocess is performed in an automated manner by computers without humanintervention. For example, reconciliation would typically be performedautomatically by a central system. However, in some embodiments, ifthere is a problem in reconciling the payments, then human interventionmay be involved. As an example, if the information provided to thecentral system from the downloader in operation 42 is not sufficientlyconsistent with the information provided to the central system from theuploader in operation 40, the central system may require humanassistance to resolve discrepancies. For example, the central system maysend a notice to the downloader and/or the uploader to telephone acustomer assistance representative to resolve problems. However, thereare many ways in which humans can be involved in the reconciliation ofpayments, and the present invention is not limited to any particularway.

Various embodiments of the present invention are described herein asrelating to paying an uploader. This uploader is only one party to atransaction. However, each transaction has at least one other party,such as a downloader, a content rights holder and/or a central serverwhich must pay or be paid or make a payment. Although all viewpoints ofa transaction with respect to each of these parties might not beexplicitly described herein, such viewpoints would be implicit invarious embodiments of the present invention.

For example, whereas FIGS. 1-5 are generally directed from the point ofview of paying of an uploader, FIG. 6 is a diagram illustrating aprocess for requiring a downloader to pay for a download, according toan embodiment of the present invention.

Referring now to FIG. 6, in operation 50, uploaders of content areconnected to downloaders of content via a peer-to-peer network.

From operation 50, the process moves to operation 52, where a respectivedownloader is required to pay for content downloaded by the respectivedownloader and provided by a respective uploader in accordance with arequest for the content by the respective downloader. As indicated inoperation 54, the respective downloader is required to pay an amountdetermined, for example, in accordance with availability of thedownloaded content on the network and a quality of service requested byrespective downloader in advance of the downloading. The availability ofthe downloaded content is based, for example, on a number of copies ofthe downloaded content available on the network at a given time andquality of service factors committed by the uploaders.

However, there are many different ways to determine an amount adownloader is required to pay, and the present invention is not limitedto any particular way. Moreover, there are many different ways todetermine availability of the downloaded content, and the presentinvention are not limited to any particular way.

Embodiments of the present invention can be applied to peer-to-peernetworks used to distribute any types of files, including audio, videoor data files. However, the distribution of video files poses especiallydifficult problems and challenges, due to the size of such files.

For example, many types of conventional peer-to-peer networks require afile to be entirely downloaded before the file can be used. This makesreal-time viewing, or “streaming”, of video content (or even audiocontent) impractical. This requirement of many types of conventionalpeer-to-peer networks is due to limitations on reliable bandwidth and onthe availability of segments of content needed. Moreover, in someconventional peer-to-peer networks, files are downloaded based onavailability, but not necessarily in the order in which they wouldappear in the completed file. Such out-of-order downloading of files cancause problems with streaming video content, especially withvideo-on-demand (VOD) streaming video content.

According to embodiments of the present invention, these problems can besolved by obtaining commitments for quality of service factors fromuploaders and/or offering downloaders different downloading options inaccordance with the commitments, to thereby effectively manage theuploading and downloading of video content.

For example, FIG. 7 is a diagram illustrating a process in whichcommitments for quality of service factors are obtained from uploadersin a peer-to-peer network, according to an embodiment of the presentinvention. Referring now to FIG. 7, in operation 56, uploaders of videocontent are connected with downloaders of video content via apeer-to-peer network.

From operation 56, the process moves to operation 58, where commitmentsfor quality of service factors are obtained from the uploaders. Forexample, a central system might obtain commitments from uploaders to,for example, provide specific content at a specific bandwidth during aspecific time on a specific day. Of course, these are only examples ofquality of service factors, and the present invention is not limited toany specific examples.

Although operation 58 is shown after operation 56, the order of theseoperations can be reversed.

From operation 58, the process moves to operation 60, where the centralsystem communicates with a respective downloader and a respectiveuploader in accordance with a request by the respective downloader forvideo content, to allow the respective uploader to upload video contentand the respective downloader to download video content in accordancewith the obtained commitments to satisfy the request. For example, thecentral system uses its knowledge to direct the respective uploader to arespective downloader that can satisfy the request, based on theobtained commitments.

In various embodiments of the present invention, the central system willalso know the demand for specific content based, for example, onrequests from downloaders. Therefore, in various embodiments of thepresent invention, the central system would have enough information tosufficiently determine supply and demand on the network. For example,the central system might be able to determine the supply and demandconditions for specific content during a specific time on a specificday. As a more detailed example, the central system could combine itsknowledge of (1) how many segments of a specific content are available,(2) the current demand for each content segment, (3) the bandwidthavailable for distributing each content segment, and (4) how far frominitiation of content utilization those segments would be needed. Forexample, segments at the beginning of a movie might be needed right awayin order to start streaming the movie, whereas segments from later inthe movie could be received more slowly. Of course, this is only anexample of information which might be known to a central system, and thepresent invention is not limited to any specific example and anyspecific type of knowledge.

Based on the knowledge of the central system, the central system canmake appropriate offers to downloaders to balance supply and demand onthe network.

For example, FIG. 8 is a diagram illustrating a process of in whichcommitments for quality of service factors are obtained from uploaders,and different offers are made to downloaders, in a peer-to-peer network,according to an additional embodiment of the present invention.Referring now to FIG. 8, in operation 62, uploaders of video content areconnected with downloaders of video content via a peer-to-peer network.

From operation 62, the process moves to operation 64, where commitmentsfor quality of service factors are obtained from the uploaders by, forexample, a central system. Although operation 64 is shown afteroperation 62, the order of these operations could be reversed.

From operation 64, the process moves to operation 66, where a respectivedownloader is offered different quality of service options fordownloading video content requested by the downloader. The offer ismade, for example, by the central system.

For example, as indicated above, the central system obtains commitmentsfor quality of service factors from the uploaders. The central systemmight also know, for example, the demand for specific content, based onrequests from downloaders. Therefore, the central system can obtaininformation to sufficiently determine supply and demand on the network.

Based on this determination, the central system might be able todetermine, for example, if there is adequate probability of successfullystreaming requested content to a respective downloader that the contentcould be treated as VOD. If there is an adequate probability of success,an offer for VOD service might be presented to the respectivedownloader. For example, the respective downloader might be providedwith an offer of “CLICK TO PAY AND START THE MOVIE”.

As an additional example, the central system might be able to determine,for example, if the requested content could be treated as VOD with someinitial delay. If the requested content could be treated as VOD withsome initial delay, an offer for this service might be presented to therespective downloader. For example, the respective downloader might beprovided with an offer of “CLICK TO PAY, THEN WAIT 5 MINUTES AND THENYOU WILL BE ABLE TO SEE THE ENTIRE MOVE”.

As a further example, the central system might be able to determine, forexample, if the requested content can be considered as VOD with someprobability that it might have pauses in the body of the content andhave this probability exposed to the respective downloader. For example,the respective downloader might be provided with an offer of “CLICK TOPAY, THEN YOU WILL HAVE AN 85% CHANCE OF SEEING THE MOVIE WITHOUTINTERRUPTION, OR WIAIT 1 MINUTE AND YOU WILL HAVE A 90% CHANCE, OR WAIT3 MINUTES AND YOU WILL HAVE A 97% CHANCE, OR . . . ”.

Moreover, some combination of these determinations and their associatedinterfaces presented to downloaders could be used. For example, arespective downloader might be presented with an offer of “CLICK TO PAY:YOU CAN START THE MOVIE IMMEDIATELY AND HAVE AN 85% CHANCE OF SEEING THEMOVING WITHOUT INTERRUPTION, OR WAIT ONE (1) MINUTE AND YOU WILL HAVE A90% CHANCE OF SEEING THE MOVIE WITHOUT INTERRUPTION, OR WAIT THREE (3)MINUTES AND YOU WILL HAVE A 97% CHANCE OF SEEING THE MOVIE WITHOUTINTERRUPTION.”

As an additional example, the interface presented to the downloadermight allow the downloader to enter a desired quality of service factorwhich is then used by the central system to finalize the offer. Forexample, the downloader could be presented with the following interface:“CLICK <fill in the blank> AND YOU WILL HAVE A (90% . . . 91% . . .92%—determined by the central system) OF SEEING THE MOVIE WITHOUTINTERRUPTION.” The percentage is determined by the central system, andincrements upward as time passes. Conversely, the probability of failuremight increment downward as time passes.

In another scenario, the downloader might have already agreed to pay,but had not yet selected a downloading option. In this case, thedownloader might be presented with an option such as “YOU CAN START THEMOVIE IMMEDIATELY AND HAVE AN 85% CHANCE OF SEEING THE MOVING WITHOUTINTERRUPTION, OR WAIT ONE (1) MINUTE AND YOU WILL HAVE A 90% CHANCE OFSEEING THE MOVIE WITHOUT INTERRUPTION, OR WAIT THREE (3) MINUTES AND YOUWILL HAVE A 97% CHANCE OF SEEING THE MOVIE WITHOUT INTERRUPTION.” Thedisplayed information might then help the downloader decide when tostart watching the movie.

If the downloader is provided with an option which allows the downloadedcontent to be viewed immediately (such as “CLICK TO PAY: YOU CAN STARTTHE MOVIE IMMEDIATELY”), then the uploaders may be required to uploadedcontent, and the downloader may be required to begin downloading, beforea decision to pay has been executed by the downloader. This can be done,for example, by automatically deleting the downloaded content if thedownloader decides not to pay. An alternatively would be to download thecontent but not decrypt it unless the user pays. Moreover, to stream thecontent, only enough content needs to be downloaded to ensure theability to stream the remainder of the content. Therefore, if thedownloader decides not to pay, the downloaded content may not have muchvalue without the remaining content.

Of course, the determinations and offers made to a downloader describedabove are only examples, and the present invention is not limited tothese determinations and/or offers. Many different determinations and/oroffers, and variations thereof, can be made.

Referring again to FIG. 8, from operation 66, the process moves tooperation 68, where a respective offered quality of service option isselected by the respective downloader.

From operation 68, the process moves to operation 70, where the centralsystem communicates with the respective downloader and a respectiveuploader in accordance with the request by the respective downloader forvideo content, to allow the respective uploader to upload video contentand the respective downloader to download video content in accordancewith the obtained commitments to satisfy the request at the selectedquality of service option.

For example, based on the quality of service option selected by therespective downloader, the central server determines which respectiveuploader(s) would be appropriate for satisfying the selected option. Thecentral server then directs the respective downloader to communicatewith the respective uploader(s) to satisfy the request.

Accordingly, by obtaining commitments for quality of service factorsfrom uploaders and offering downloaders different downloading options inaccordance with the commitments, the central system can effectivelymanage supply and demand in a video-on-demand (VOD), streaming video,peer-to-peer network, while closely aligning the interests of contentrights holders, uploaders and downloaders. Therefore, with embodimentsof the present invention, peer-to-peer networks can effectively be usedto distribute streaming VOD.

According to various embodiments of the present invention, in order tofacilitate the rapid spread of digital content in a peer-to-peernetwork, content can be distributed in advance of its official release.For example, if some number of end-user machines (i.e., potentialuploaders) had the content “pre-seeded” (that is, pre-loaded on theirmachines) before the public release of the content, then when therelease date arrived the network could generate considerably moreinitial bandwidth to meet the demand for the new content. For example,if the content was a movie, the extend and geography of preseeding couldbe managed, for example, in accordance with marketing plans andexpectations for the movie.

Therefore, the central system passes content to one or more preseeders,and then manages the further exchange of the content between peers untilthe content is adequately distributed. Preseeders may be compensated,for example, in part based on where they are in this chain ofdistribution. In addition, systems may be put in place, for example, toreward more reliable preseeders and other uploaders by modifying theirplace in the hierarchy.

Of course, it is sometimes worrisome to distribute content before theactual release date, as such distribution could compromise the timing ofthe release. Accordingly, according to embodiments of the presentinvention, the copies being distributed could be disabled until theappropriate conditions are met for release. Such appropriate conditionswould typically be the date, but might also be tied to real world eventssuch as corporate announcements, a birth or death, election result,natural disaster, etc.

This disabling could take many forms. These might include:

(1) Encrypting part or all of the content with a key (or, moregenerally, an algorithm) that is only made available when the conditionsfor release are met. Because the distribution of a key can be donerapidly based upon its small size such a system can still meet the needsof a timely response.

(2) Encrypting each “sliver” of data with a different key or a differentalgorithm.

(3) Using incomplete distribution with some part or parts of the datamissing. The missing pieces could be distributed when the conditions aremet.

(4) Partially corrupting data to render it useless. The corruption canbe corrected, replaced or removed with a relatively small data flow.

(5) The full data could be distributed into the system but no individualwould have a full set. By slicing the data fine enough, no singlepreseed uploader would have a useful dataset. In fact, having the data“sliced” up in this way might facilitate distribution because everyonewould have to go online to get a complete set—thereby forcing thepreseeded uploaders to make their portions of the content available evenas they sought to collect the pieces that they were missing.

(6) Combinations of the above items (1) through (6) could also be used.For example, “slivers” of data that had been distributed can beencrypted.

An uploader that chooses (volunteers) to be a preseeder is notnecessarily also a user of the content. Business models might exist inwhich peers might offer space on their devices for preseeding inexchange for uploading revenue or some other compensation without anyintent to actually use the content themselves. This could be supportedby a number of the disabling processes described above. For example,peers offering space on their devices might never get the key/algorithmor they never get the pieces that they are missing in order to “enable”the content. For example, in some embodiments, uploaders might be paidfor preseeding even if they never receive a complete or usable versionof the content. In this case, the preseeded uploaders truly becomedistribution partners in the complete sense. That is, they aredistribution partners only, never consumers.

Therefore, uploaders that are preceeded might be paid for beingpreseeded.

In some embodiments of the present invention, uploaders might also payto be preseeders because, for example, they may be guaranteed to havethe movie available immediately upon release. This is only an example ofa reason why uploaders might pay to be a preseeder, and the presentinvention is not limited to any specific reason.

Moreover, the central system could be paid for preseeding uploaders. Forexample, the central system might charge the content rights holdersbased on the nature and extent of the preseeding that is managed by thecentral system. Charges might be based, for example, on committedquality of service as well as the number of uploaders.

Preseeding does not necessarily require multiple direct downloads fromthe central system. Instead, the central system could pass along as fewas one copy of the content to a single “uploader”. (In this case theuploader would be downloading this initial copy from, for example, thecentral system or the content rights holder.) The central system couldthen manage the exchange of the file between that initial uploader andothers willing to serve as preseeders.

FIG. 9 is a diagram illustrating preseeding in a peer-to-peer network,according to an embodiment of the present invention. FIG. 9 is similarto FIG. 7, but includes operations 72 and 74.

In operation 72, video content is preseeded with uploaders. There aremany ways to preseed video content with uploaders, and the presentinvention is not limited to any particular way.

In operation 74, the preseeded uploaders are compensated for thepreseeding. There are many ways to compensate uploaders for preseeding,and the present invention is not limited to any particular way.

Operation 74 is shown after operation 72. However, the order of theseoperations may be reversed.

FIG. 10 is a diagram illustrating the reconciliation of payments by acentral system in a peer-to-peer network, according to an embodiment ofthe present invention. FIG. 10 is similar to FIG. 9, but includesoperations 80, 82 and 84.

In operation 80, communication between a central system and therespective uploader provides the central system with information fromthe respective uploader relating to the uploading by the respectiveuploader.

In operation 82, communication between the central system and therespective downloader provides the central system with information fromthe respective downloader relating to the downloading by the respectivedownloader.

Operation 82 is shown after operation 80, but the order of theseoperations may be reversed or these operations may occur simultaneously.

In operation 84, the central system reconciles payment to the respectiveuploader for the uploaded content and payment by the respectivedownloader for the downloaded content, in accordance with theinformation provided to the central system from the respective uploaderand the information provided to the central system from the respectivedownloader. In some embodiments of the present invention, the centralsystem might, for example, also reconcile payment to a content rightsholder.

FIG. 11 is a diagram illustrating a process for providing streamingvideo content via a peer-to-peer network, according to an embodiment ofthe present invention.

Referring now to FIG. 11, in operation 86, uploaders of video contentare connected with downloaders of video content via a peer-to-peernetwork.

From operation 86, the process moves to operation 88, where commitmentsare obtained for quality of service factors from the uploaders. Althoughoperation 88 is shown after operation 86, the order of these operationsmay be reversed.

From operation 88, the process moves to operation 90, where a centralsystem communicates with a respective downloader and a respectiveuploader in accordance with a request by the respective downloader forstreaming video content at a quality of service selected by therespective downloader, to allow the respective uploader to upload videocontent and the respective downloader to download video content inaccordance with the obtained commitments to satisfy the request.

From operation 90, the process moves to operation 92, wherecommunication between a central system and the respective uploaderprovides the central system with information from the respectiveuploader relating to the uploading by the respective uploader.

From operation 92, the process moves to operation 94, wherecommunication between the central system and the respective downloaderprovides the central system with information from the respectivedownloader relating to the downloading by the respective downloader.

Although operation 94 is shown after operation 92, the order of theseoperations may be reversed or the operations may occur simultaneously.

From operation 94, the process moves to operation 96, where the centralsystem reconciles payment to the respective uploader for the uploadedcontent, payment by the respective downloader for the downloaded contentand payment to a content rights holder for the content uploaded by therespective uploader and downloaded by the respective downloader, inaccordance with the information provided to the central system from therespective uploader and the information provided to the central systemfrom the respective downloader.

Various processes with various operations are described herein, with theoperations in a specific order. However, various of the operations canbe performed in a different order than that explicitly shown in thefigures.

Various type of peer-to-peer network architectures can be used toimplement embodiments of the present invention, and the presentinvention is not limited to any particular type of architecture.However, embodiments of the present invention are easily implemented onarchitectures in which a central system operates in conjunction with aplurality of peers, each peer operating as an uploader and/or adownloader.

The present invention is not limited to the peers being any particulartype of device. Therefore, a peer might be, for example, a desktopcomputer, a mobile computer, a personal digital assistant (PDA), atelevision (TV), a portable music or video device, a server, a wirelessdevice and/or combinations of these, although a peer is not limited tothese devices.

The following are examples of peer-to-peer networks implementingspecific embodiments of the present invention. These examples usesvarious aspects of various embodiments described herein, and the presentinvention is not limited to these examples.

For example, FIG. 12 is a specific example of the operation of apeer-to-peer network, according to an embodiment of the presentinvention. Referring now to FIG. 12, the peer-to-peer network includes acontent rights holder 100, a central system 102, and peers 1, 2 and 3.FIG. 12 shows various communications 1 through 13.

In communication 1, content rights holder 100 provides content to thenetwork by, for example, providing the content to central system 102.This initial copy of the content may reside on central system 102,although it could reside elsewhere and simply be pointed to as required.Moreover, instead of provide the content to central system 102, contentrights holder 100 might provide content directly to a peer.

In communication 2, an end user (labeled here as “peer 2”) requests afile. The request may be, for example, in response to information aboutthe availability or pending availability of that file that is providedby central system 102 in an information exchange not represented in thisfigure.

In communication 3, central system 102 provides the file to peer 2.

In communication 4, peer 1 requests the file.

In communication 5, central system 100 provides information aboutpayment options. This communication may be skipped in any of a varietyof embodiments that would include various types of subscriptions,pre-agreed upon terms and so on.

In communication 6, peer 1 authorizes payment.

In communication 7, central system 102 sends peer 1 information aboutwhere this file can be found. In this example, this involves a pointerto peer 2. Central system 102 may also send information to peer 2 toexpect a request from peer 1, although this communication is notrepresented in the figure. Moreover, communications between centralsystem 102 and peers 1 and 2 can be used to ensure that only authorizedexchanges take place. For example, if the central system 102 provides atransaction key to peers 1 and 2, then peer 1 (making the request forcontent) might provide that key to peer 2 as proof that the transactionis authorized. This is a method to prevent spoofing.

Simple variations might include having peer 2 pass the key given to itby peer 1 back to central system 102. Then central system 102 wouldcheck the validity of the key to determine the legitimacy of thetransaction. If the transaction is deemed legitimate then central system102 would authorize the transaction by sending some kind of approval topeer 2.

In addition, all of these exchanges could be secured by a variety oftechniques including PKI, SSL, SSH, etc.

Moreover, the system can be reversed. More specifically, central system102 can send information about peer 1 (the requester) to peer 2 (theprovider). Then peer 1 would be called upon to initiate the peer-to-peerexchange.

In communication 8, peer 1 sends a request for information to bedownloaded to peer 2. Peer 1 uses the pointer provided by central system102 to know who to communicate with in order to get the desired data.Some of this information could be provided to peer 2 by central system102 in order to maintain better control over the transaction.

In communication 9, peer 2 provides handshaking information, includingwhat information it has received and what has been dropped.

In communication 10, peer 1 provides information to central system 102describing in detail the information it received from peer 2 (such asthe manner in which it was sent, including timeliness and bandwidthdistribution over time). Although this would typically take place afterthe download has been completed, it could happen at multiple timesduring the course of the download. This would be especially useful as aprotection against dropped connections.

In communication 11, peer 2 provides information to central system 102describing the information it has provided to peer 1 (such as the mannerin which it was sent, including timeliness and bandwidth distributionover time). However, this information may flow in a different manner. Itmay also flow encrypted from the recipient (here, peer 1) to theprovider (here, peer 2). This encrypted data would then be sent tocentral system 102 along with data from the provider. This would reducethe number of communications with central system 102 and manage theincentive structure for transmission of data to central system 102. Ofcourse, the roles of provider and recipient could also be reversed, withthe provider sending information to the recipient (encrypted) forforwarding to central system 102.

In communication 12, central system 102 reconciles the information tomake sure that the information that peer 2 claims to have sent isconsistent with the information that peer 1 claims to have received. Ifthe claims made by each peer match, then central system 102 releasespayment to peer 2. This payment may take a variety of forms. If theclaims do not match, then some alternative procedure is invoked todetermine if and how payment should be allocated. This alternativeprocedure can be entirely automated, or could involve humanintervention.

In communication 13, if the claims reconcile and the file has beenprovided to peer 1, then central system 102 disperses payment to contentrights holder 100.

FIG. 13 is another specific example of the operation of a peer-to-peernetwork, according to an embodiment of the present invention.

Referring now to FIG. 13, communication 1 represents the first half ofan exchange between central system 102 can peers 1 and 2.

More specifically, central system 102 queries peers 1 and 2 as to theiravailability for a data exchange with some other requesting peer.Central system 102 may determine, for example, what content peers 1 and2 have available to upload, what bandwidth they have available, and whatbandwidth they are prepared to allocate to any given data exchange orset of exchanges, at what time and over what time period they areprepared to make what commitments, and possibly other factors such as,for example, their ping times to various locations on the network.

This may also be the first part of a negotiation between central system102 and peers 1 and 2. This negotiation can involve, for example, levelsof compensation for bandwidth commitments at different times. This is anegotiation over quality of service factors. This negotiation could alsotake the form of an auction for services at different service levels.

Communication 2 represents the other half of the exchange described incommunication 1. Of course, there could be many more steps in thisexchange than actually shown.

In communication 3, peer 3 requests some content from central system102.

In communication 4, central system 102 provides pricing information topeer 3.

In communication 5, peer 3 agrees to pricing.

In communication 6, central system 102 provides information to peer 3describing where it can download the requested data.

In communication 7, peer 3 initiates a data exchange with peers 1 and 2.In some embodiments, the data exchange may be initiated by peers 1 and2.

In communication 8, the other half of the exchange initiated incommunication 7 is conducted.

In communication 9, peers 1 and 2 provide information to central system102 about the data they provided, the time course of that dataprovision, etc.

In communication 10, peer 3 provides information to central system 102about the data it received. Communication 10 might occur before, orsimultaneously with, communication 9.

In communication 11, central system 102 reconciles the assertions aboutdata uploaded and data downloaded.

In communication 12, central system 102 pays rights holder 100.

FIG. 14 is another specific example of the operation of a peer-to-peernetwork, according to an embodiment of the present invention.

Referring now to FIG. 14, in communication 1, content is provided tocentral system 102 from content rights holder 100.

In communication 2, the content is preseeded into peers 1 and 2.Commitments for quality of service factors might also be obtained frompeers 1 and 2 by central system 102. In this example, each peer does notnecessarily have a complete and/or “working” version of the content.

In communication 3, peer 3 places a request for content. Because thecontent has been preseeded onto multiple peers, there will typically bemore download bandwidth available as compared to the example in FIG. 12.

Remaining communications are similar to those described, for example, inFIG. 13.

FIGS. 12-14 are intended to be examples of embodiments of the presentinvention. The present invention is not limited to these specificexamples. However, from these examples, it can be seen that the variousembodiments of the present invention described herein can easily beimplemented in a peer-to-peer network, especially a peer-to-peer networkhaving a central system that communicates with peers and contentholders.

Embodiments of the present invention are described herein as using a“central system”. A “central system” is a computer, or a plurality ofcomputers, at a conceptually central position with respect to the otherinvolved parties, and thereby performs management operations withrespect to the parties involved. For example, as described above, acentral system might perform reconciliation of payments to/from thevarious parties. In addition to, or instead of, performingreconciliation, a central system might have an index indicating whatcontent is stored on which peers, and would then perform file managementof files on the network in accordance with the index. The presentinvention is not limited to any specific hardware/software configurationof a central system. Moreover, the term “central” does not imply aphysically central location with respect to the physical location of anypeers or other elements on the network. Therefore, a central system isessentially a management system that manages operations performed withrespect to the different peers and, in some embodiments, with respect tocontent providers.

Although a “central system” is described herein as performing managementof files on the network, and performing reconciliation, it is notnecessary that the same central system perform both operations. Forexample, one central system might be used for management of files on thenetwork, and a different central system might be used forreconciliation.

The above-described embodiments of the present invention can be appliedto any type of digital content distribution. For example, embodiments ofthe present invention can be applied to the distribution of audio, videoand/or data files, and any format. This includes, for example, softwaredistribution.

The above-described embodiments of the present invention can be used inconjunction with digital rights management (DRM). For example, DRM canbe applied to content distributed on the peer-to-peer network.

Various embodiments of the present invention are described individuallyherein, but are applicable in combinations. For example, reconciliationis described with respect to specific embodiments. However,reconciliation is applicable to other embodiments of the presentinvention described herein. As an additional example, preseeding isdescribed with respect to specific embodiments. However, preseeding isapplicable to other embodiments of the present invention describedherein.

Although a few preferred embodiments of the present invention have beenshown and described, it would be appreciated by those skilled in the artthat changes may be made in these embodiments without departing from theprinciples and spirit of the invention, the scope of which is defined inthe claims and their equivalents.

1. A method for use with a peer-to-peer network connecting uploaders of content to downloaders of content, the method comprising: paying a respective uploader for content uploaded by the respective uploader in accordance with a request for the content by a respective downloader, wherein the respective uploader is paid an amount determined in accordance with quality of service factors committed to in advance of the uploading by the respective uploader, quality of service factors actually provided to the respective downloader by the respective uploader or a quality of service requested by the respective downloader.
 2. A method as in claim 1, wherein said paying further comprises: paying the respective uploader in accordance with availability of the uploaded content on the network, wherein the availability of the uploaded content is based on a number of copies of the uploaded content available on the network at a given time and quality of service factors committed by the uploaders.
 3. A method as in claim 1, wherein the respective uploader is paid in accordance with quality of service factors actually provided to the respective downloader by the respective uploader, and the provided quality of service factors include an amount of bandwidth provided by the respective uploader to upload the content.
 4. A method as in claim 1, wherein the respective uploader is paid in accordance with quality of service factors committed to in advance of the uploading by the respective uploader and, the committed quality of service factors include a time and bandwidth committed by the respective uploader.
 5. A method as in claim 1, wherein the respective uploader is paid in accordance with a quality of service requested by the respective downloader.
 6. A method as in claim 1, further comprising: collecting payment from the respective downloader for the downloaded content; and paying a content rights holder of the downloaded content, and paying the respective uploader, from the collected payment.
 7. A method as in claim 6, wherein said collecting payment, said paying the content rights holder, and said paying the respective downloader, are performed by a central system.
 8. A method as in claim 1, further comprising: reconciling payment to the respective uploader for the uploaded content, and payment by the respective downloader for the downloaded content, by a central system, and thereby ensuring that the payments are consistent with the actual uploading by the respective uploader and the actual downloading by the respective downloader.
 9. A method as in claim 1, further comprising: communicating between a central system and the respective uploader to provide the central system with information from the respective uploader relating to the uploading by the respective uploader; communicating between the central system and the respective downloader to provide the central system with information from the respective downloader relating to the downloading by the respective downloader; and reconciling, by the central system, payment to the respective uploader for the uploaded content and payment by the respective downloader for the downloaded content, in accordance with the information provided to the central system from the respective uploader and the information provided to the central system from the respective downloader, and thereby ensuring that the payments are consistent with the actual uploading by the respective uploader and the actual downloading by the respective downloader.
 10. A method as in claim 1, wherein the information provided to the central system from the respective uploader includes quality of service factors provided by the uploader, and the information provided to the central system from the respective downloader includes quality of service received by the respective downloader.
 11. A method as in claim 1, further comprising: reconciling, by a central system, payment to the respective uploader for the uploaded content, payment by respective downloader for the downloaded content, and payment to a content rights holder for the content uploaded by the respective uploader and downloaded by the respective downloader, and thereby ensuring that the payments are consistent with the actual uploading by the respective uploader and the actual downloading by the respective downloader.
 12. A method as in claim 1, further comprising: communicating between a central system and the respective uploader to provide the central system with information from the respective uploader relating to the uploading by the respective uploader; communicating between the central system and the respective downloader to provide the central system with information from the respective downloader relating to the downloading by the respective downloader; and reconciling, by the central system, payment to the respective uploader for the uploaded content, payment by the respective downloader for the downloaded content and payment to a content rights holder for the content uploaded by the respective uploader and downloaded by the respective downloader, in accordance with the information provided to the central system from the respective uploader and the information provided to the central system from the respective downloader, and thereby ensuring that the payments are consistent with the actual uploading by the respective uploader and the actual downloading by the respective downloader.
 13. A method as in claim 1, wherein the peer-to-peer network is a video on demand (VOD) peer-to-peer network and the content is video content, the method further comprising: obtaining, by a central system, commitments for the committed quality of service factors from the uploaders, wherein the committed the quality of service factors include a committed time and a committed bandwidth; and communicating, by the central system, with the respective uploader and the respective downloader to allow the respective uploader to upload the content and the respective downloader to download the content in accordance with the obtained commitments.
 14. A method as in claim 13, wherein said communicating allows the respective downloader to downloader to download and view the content as streaming video.
 15. A method as in claim 1, wherein the respective uploader is paid in consideration other than money.
 16. A method for use with a peer-to-peer network connecting uploaders of content to downloaders of content, the method comprising: requesting content by a respective downloader; uploading content by a respective uploader in accordance with the request by the respective downloader; downloading the uploaded content by the respective downloader; communicating between a central system and the respective uploader to provide the central system with information from the respective uploader relating to the uploading by the respective uploader; communicating between the central system and the respective downloader to provide the central system with information from the respective downloader relating to the downloading by the respective downloader; and automatically reconciling, by the central system, payment to the respective uploader for the uploaded content, payment by the respective downloader for the downloaded content and payment to a content rights holder for the content uploaded by the respective uploader and downloaded by the respective downloader, in accordance with the information provided to the central system from the respective uploader and the information provided to the central system from the respective downloader, and thereby ensuring that the payments are consistent with the actual uploading by the respective uploader and the actual downloading by the respective downloader, wherein the payment to the respective uploader is determined in accordance with availability of the uploaded content on the network in addition to quality of service factors committed to in advance of the uploading by the respective uploader, quality of service factors actually provided to the respective downloader by the respective uploader or a quality of service requested by the respective downloader, and the availability of the uploaded content is based on a number of copies of the uploaded content available on the network at a given time and quality of service factors committed by the uploaders.
 17. A method for use with a peer-to-peer network connecting uploaders of content to downloaders of content, the method comprising: requiring a respective downloader to pay for content downloaded by the respective downloader and provided by a respective uploader in accordance with a request for the content by the respective downloader, wherein the respective downloader is required to pay an amount determined in accordance with availability of the downloaded content on the network and a quality of service requested by respective downloader in advance of the downloading, and the availability of the downloaded content is based on a number of copies of the downloaded content available on the network at a given time and quality of service factors committed by the uploaders.
 18. A method for use with a peer-to-peer network connecting uploaders of content with downloaders of content, the method comprising: obtaining commitments for quality of service factors from the uploaders; and communicating, by a central system, with a respective downloader and a respective uploader in accordance with a request by the respective downloader for content, to allow the respective uploader to upload content and the respective downloader to download content in accordance with the obtained commitments to satisfy the request.
 19. A method as in claim 18, wherein said communicating allows the respective downloader to download and view the downloaded content as streaming content.
 20. A method as in claim 18, wherein the committed quality of service factors include at least one of a committed time duration, a committed bandwidth, a committed time of day and a committed day.
 21. A method as in claim 18, further comprising: offering the respective downloader different quality of service options for downloading the requested content; and selecting a respective offered quality of service option by the respective downloader, wherein said communicating communicates with the respective downloader and the respective uploader to allow the respective uploader to upload content and the respective downloader to download content in accordance with the obtained commitments to satisfy the request at the selected quality of service option.
 22. A method as in claim 19, further comprising: offering the respective downloader different quality of service options for downloading the requested content; and selecting a respective offered quality of service option by the respective downloader, wherein said communicating communicates with the respective downloader and the respective uploader to allow the respective uploader to upload content and the respective downloader to download content in accordance with the obtained commitments to satisfy the request at the selected quality of service option.
 23. A method as in claim 18, further comprising: preseeding content with the uploaders.
 24. A method as in claim 23, further comprising: compensating the preseeded uploaders for the preseeding.
 25. A method as in claim 18, further comprising: reconciling payment to the respective uploader for the uploaded content, and payment by the respective downloader for the downloaded content, by a central system, and thereby ensuring that the payments are consistent with the actual uploading by the respective uploader and the actual downloading by the respective downloader.
 26. A method as in claim 18, further comprising: communicating between a central system and the respective uploader to provide the central system with information from the respective uploader relating to the uploading by the respective uploader; communicating between the central system and the respective downloader to provide the central system with information from the respective downloader relating to the downloading by the respective downloader; and reconciling, by the central system, payment to the respective uploader for the uploaded content and payment by the respective downloader for the downloaded content, in accordance with the information provided to the central system from the respective uploader and the information provided to the central system from the respective downloader, and thereby ensuring that the payments are consistent with the actual uploading by the respective uploader and the actual downloading by the respective downloader.
 27. A method as in claim 18, further comprising: communicating between a central system and the respective uploader to provide the central system with information from the respective uploader relating to the uploading by the respective uploader; communicating between the central system and the respective downloader to provide the central system with information from the respective downloader relating to the downloading by the respective downloader; and reconciling, by the central system, payment to the respective uploader for the uploaded content, payment by the respective downloader for the downloaded content and payment to a content rights holder for the content uploaded by the respective uploader and downloaded by the respective downloader, in accordance with the information provided to the central system from the respective uploader and the information provided to the central system from the respective downloader, and thereby ensuring that the payments are consistent with the actual uploading by the respective uploader and the actual downloading by the respective downloader.
 28. A method as in claim 18, wherein the content is video content.
 29. A method as in claim 19, wherein the content is video content.
 30. A method for use with a peer-to-peer network connecting uploaders of content with downloaders of content, the method comprising: obtaining commitments for quality of service factors from the uploaders; communicating, by a central system, with a respective downloader and a respective uploader in accordance with a request by the respective downloader for streaming content at a quality of service selected by the respective downloader, to allow the respective uploader to upload content and the respective downloader to download content in accordance with the obtained commitments to satisfy the request; communicating between a central system and the respective uploader to provide the central system with information from the respective uploader relating to the uploading by the respective uploader; communicating between the central system and the respective downloader to provide the central system with information from the respective downloader relating to the downloading by the respective downloader; and reconciling, by the central system, payment to the respective uploader for the uploaded content, payment by the respective downloader for the downloaded content and payment to a content rights holder for the content uploaded by the respective uploader and downloaded by the respective downloader, in accordance with the information provided to the central system from the respective uploader and the information provided to the central system from the respective downloader, and thereby ensuring that the payments are consistent with the actual uploading by the respective uploader and the actual downloading by the respective downloader.
 31. A method as in claim 30, wherein the content is video content.
 32. A method for use with a peer-to-peer network connecting uploaders of content to downloaders of content, the method comprising: preseeding uploaders with content.
 33. A method as in claim 32, further comprising: compensating the preseeded uploaders for the preseeding.
 34. A method as in claim 32, wherein the preseeded content is disabled, the method further comprising: enabling the disabled preseeded content when a condition is met. 